Last night on The O'Reilly Factor, Megyn Kelly spoke on the Arizona immigration law. For once, someone was speaking about SB1070 who had actually read the law (besides me). Of course, what else do you expect from a lawyer? Megyn was not going to speak about something she had not actually read. She's a shining example that Eric Holder should emulate. Ms. Kelly actually said some enlightening facts which should be shared before I finish my SB1070 discussion.
Ms. Kelly pointed out that in a Supreme Court case from 2005, the Supreme Court had ruled on a case that involved a question of when a police officer can request someone's identification (Note: I could not spell the name of the case adequately to find it for reference purposes). The Supreme Court ruled a police officer can request identification from anyone at any time. A requirement of lawful contact or of reasonable suspicion does not exist according to the Supreme Court. In other words, the Arizona law is more restrictive over police actions than what the Supreme Court has ruled. This is something not reported in the media or by the opponents of the law. Shame on them.
Now to finish the discussion.
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf
Section 13-1059. This section makes not carrying immigration documents or failing to obtain proper immigration documents by an alien against state law just as the same is against federal law. The best part of this section states that an alien not lawfully present on US soil, if convicted of a crime, is not eligible for parole, early release, probation, etc. In other words, the full sentence will be served prior to their release; and, as prescribed by section 11-1051, once released this individual will be turned over to ICE. The section also sets a fine and requires the individual guilty of violating this section to pay all court costs and fines. I'm not sure how the state will get some person who was not able to pay the cost for legal immigration to actually pay court costs.
Another aspect of this section not being discussed by the opponents is that a person who maintains federal authorization to be in the United States is exempt from this section of the law. In other words, this section does not apply to someone the federal government says can stay in the United States. This section sets the violation of this section as a misdemeanor, unless, the person is also found to be in possession of a substance that could be used to create a dangerous drug, is a dangerous drug, or is a weapon of some dangerous sort; then the violation is a felony. It is also a felony to violate this section a second or subsequent time. Let's be clear, it's a misdemeanor to violate federal law except in a few specific instances. The opponents of this law have stated it's a felony to violate the state law. I'm so glad they can read and relate the truth!
Section 13-2928. One of the arguments of those opposed to the law is the government should be going after those who hire illegal aliens. This section does just that; but, you don’t hear too much about this aspect of the law, from either side. This section makes it illegal to for someone to hire an illegal immigrant from their car or for an illegal immigrant to solicit for work or for an illegal immigrant to enter a vehicle for work. This means if an Arizonian ventures down to the local Home Depot and hires one of the day workers from the parking lot who is an illegal alien, they are in violation of the law. Now there’s a caveat. This section only applies if the vehicle is in the right of way. This means the person could park their vehicle in a parking spot and then hire the illegal. Of course, the agreement will be in violation of other aspects of this law, just not this section.
Section 13-2929. This section makes transporting, concealing, or enticing to enter the state of Arizona an alien who is in the country illegal a misdemeanor. Now the stature contains the words “recklessly disregards.” This means that the state will claim if someone who violates this section and did not first obtain verification of the alien’s immigration status did so with reckless disregard of the law. In other words, the “I didn’t know” defense will not be allowed.
It should be stated that the vehicle used to transport an illegal alien is subject to confiscation!
Also, a protective service worker and medical workers in the execution of their jobs are not subject to this law. There is also a caveat to the misdemeanor nature of this law – if someone is found transporting six or more illegal aliens, the crime is changed to that of a felony.
Section 13-3883. This section already existed under Arizona law and gave police officers the authority to arrest someone without a warrant under certain circumstances. The section is amended to include the situation where the person has committed a public offense that makes the person removable from the United States. In other words, a police officer can arrest an illegal alien without warrant.
Section 23-221. This stature was passed as law in 2007. It prohibits employers from hiring employees who are undocumented aliens. It is strict in that an employer can be fined for every day the employer has undocumented aliens on the payroll. It also allows employees to turn in their employers for hiring undocumented aliens. Of course, the employee cannot base their suspicion on race, national origin, etc. This law, again, is not talked about by those who oppose Arizona’s immigration law.
This section is amended to allow entrapment as a defense against hiring an illegal alien. In other words, the state is trying to protect employers from entrapment by the police! WHAT? A state trying to protect employers, you’ve got to be kidding! Why hasn’t this been discussed in the media? Entrapment is where the employer is enticed or forced to hire the illegal alien when they normally would not have.
Section 23-214. This stature, also passed in 2007, requires employers to e-verify their employees prior to hiring the employee. The section is amended to require the employer to maintain the record of employee verification for the length of employment or three years, whichever is longer.
Section 31-1724. This section authorizes the establishment of the fund related to enforcement of this act. Fines and other monies collected under section 11-1051 will be deposited in this fund and then utilized to pay expenses under enforcement of this law. We’ll see if this actually works. Again, most illegal aliens don’t have the money to legally migrate into the country. I would like to see the state squeeze some blood from that turnip.
This concludes the discussion on Arizona’s immigration law. Now you are knowledgeable of what is in the law and should be able to carry on an informed discussion. Even if you don’t support the law, you now know more than most of those who agree with your position and you now know more than most of those who disagree with your position (except me).
Mike
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment